New PDF release: Accounting for Profit for Breach of Contract: Theory and

By Katy Barnett

ISBN-10: 1849462518

ISBN-13: 9781849462518

This ebook defends the view that an award of an account of earnings (or 'disgorgement damages') for breach of agreement will occasionally be justifiable, and matches in the orthodox ideas and instances in agreement legislation. even if there's a few confusion as to whilst such an award might be made. the ethical bases for disgorgement damages are deterrence and punishment, which form the treatment in very important methods. Courts also are keen on vindication of the claimant's functionality curiosity, and it really is pivotal in those instances that the claimant can't procure a replacement functionality through an award of damages or particular aid.

The booklet argues that disgorgement damages can be to be had in different types of case: 'second sale' situations, the place the defendant breaches his agreement with the claimant to make a extra ecocnomic agreement with a 3rd get together; and 'agency challenge' circumstances, the place the defendant provides the claimant he'll now not do a definite factor, and the claimant reveals it tough to oversee the functionality. in addition, disgorgement could be complete or partial, and 'reasonable rate damages' for breach of agreement are most sensible understood as partial disgorgement instead of 'restitutionary damages'. Equitable bars to reduction must also be followed with regards to disgorgement damages, as should still allowances for ability and effort.

This e-book might be of curiosity to agreement and advertisement legal professionals, and should be particularly worthwhile to someone with an curiosity in agreement treatments and restitution. It attracts on case legislations in a couple of universal legislation jurisdictions, basically England and Wales, and Australia.

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Accounting for Profit for Breach of Contract: Theory and Practice (Hart Studies in Private Law) by Katy Barnett

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